State Administration Of Safety Supervision On Modifying The Production Safety Accident Reports And Interim Provisions For Investigation Ordinance Fined Some Of The Provisions Of Decision

Original Language Title: 国家安全监管总局关于修改《〈生产安全事故报告和调查处理条例〉罚款处罚暂行规定》部分条款的决定

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State administration of safety supervision on modifying the production safety accident reports and interim provisions for investigation Ordinance fined some of the provisions of decision

    (Released September 1, 2011, the State administration of work safety, the 42nd since November 1, 2011) State administration of production safety supervision and management decisions on the production safety accident reporting, investigation and handling of fine interim provisions on part of the provisions of the regulations read as follows: , Fifth third is revised as follows: "did not report the time and place of the accident, preliminary cause, nature, and the number of casualties and risk numbers, direct economic losses related to content belonging to false.

    ” The fourth amendment: "hide the accidents that have occurred, in excess of the prescribed time limits was not reported to the safety supervision Department and the relevant departments, verified, belonging to the cover-up.

    ” II, and 12th article increased a paragraph, as first paragraph: "accident occurred units has Ordinance 36th article first items provides behavior one of of, at 2 million yuan of fine; while bungle accident rescue or caused accident expanded or effect accident survey of, at 3 million yuan of fine; while bungle accident rescue or caused accident expanded or effect accident survey, means bad, plot serious of, at 5 million yuan of fine.

    ” Original first paragraph adjustment for second paragraph, and modified for: "accident occurred units has Ordinance 36th article second to sixth items provides behavior one of of, at 1 million Yuan above 2 million Yuan following of fine; while bungle accident rescue or caused accident expanded or effect accident survey of, at 2 million Yuan above 3 million Yuan following of fine; while bungle accident rescue or caused accident expanded or effect accident survey, means bad, plot serious of, at 3 million Yuan above 5 million Yuan following of fine.

    ” Third, delete the 13th article. Third amendment: "false, hide or go into hiding after the accident, fine at previous annual income of 100%.

    ” Adding a paragraph to article four, 14th, second paragraph: "the units specified in the first paragraph of this article of the accident and lie about or hide accidents, fines of 200,000 yuan.

    ” Five, 15th an additional paragraph, second paragraph: "the accident unit for larger accidents is responsible and of misrepresenting or concealing acts, 500,000 yuan fine.

    ” Six, 16th to add a paragraph as a second paragraph: "the units responsible for the accidents the accident liability and misrepresenting or concealing acts, a fine of 2 million Yuan.

    ” VII increase in, 17th paragraph, second paragraph: "the units specified in the first paragraph of this article of the accident and misrepresent or conceal the accident, a fine of 5 million Yuan.

    ”

    Eight, delete article 22nd.

    This decision shall take effect on November 1, 2011.

    The production safety accident report and provisional regulations for investigation Ordinance fined corresponding amendments shall be made according to this decision, republished.

    PS: the production safety accident reporting, investigation and handling of provisional regulations on the Ordinance fines 2011 (revised)

    (Released on July 12, 2007, the State administration of work safety, the 13th of September 1, 2011, the national State administration of work safety to amend a production safety accident reports and interim provisions for investigation Ordinance fined, the revision of the decision)

    First to prevent and reduce the production safety accident, strict accountability for production safety accident and liability to persons concerned, correct application of administrative penalties of fines, in accordance with the production safety accident reporting and investigation Ordinance (hereinafter referred to as the regulations) stipulates that these provisions are formulated.

    Second production safety supervision and management departments and coal mine safety watchdog on production safety accident unit (hereinafter referred to as the accident unit) and its principal owner, are directly responsible for the managers and other responsible personnel responsibilities to implement administrative penalties of fines, these provisions shall apply.

    Legal and administrative regulations on administrative penalties for variety, amplitude and the authorities otherwise provided, in accordance with its provisions.

    Article accident units in these rules refers to the production and business operation entities responsible for the accident.

    Main responsible in these rules refers to the limited liability company, Corporation Chairman or General Manager or individual business investor, other production business unit Director, Manager, Secretary, the Manager (who actually control, investment) and so on.

    Fourth accident occurred units in these rules the main charge, directly in charge of personnel and other persons directly responsible for the previous year's income, which belongs to the State-owned production units refers to as determined by the competent departments on the premises of a total annual income; belongs to the non-State-owned production and business operation entity, refers to as finance, tax Department, on a total annual income.

    The fifth article of the Ordinance referred to in late, fail to report, lied about and concealed, in accordance with the following circumstances finds that:

    (A) reports the time exceeds the allotted time, belonging to the late;

    (B) negligence should be reporting accidents or accidents of time, place, category, number of casualties and direct economic loss of content omission not belonging to false negatives;

    (C) wilfully fails to report the time and place of the accident, preliminary cause, nature, and the number of casualties and risk numbers, direct economic losses related to content, is false;

    (D) concealment of accidents that have occurred, in excess of the prescribed time limits was not reported to the safety supervision Department and the relevant departments, verified, belonging to the cover-up.

    The sixth article of the accident and relevant persons punished by imprisonment administrative penalties of fines, decide in accordance with the following provisions:

    (A) the particular major incident units and their responsibilities to administrative penalties of fines, determined by the State administration of work safety;

    (B) the major incident unit and its responsibilities to administrative penalties of fines, determined by the provincial work safety supervision and management departments;

    (C) units to larger incidents occurring and its responsibilities to administrative punishment of fines from the district people's Government municipal work safety supervision and management departments to decide; (D) the General accident occurred units and their responsibilities to administrative penalties of fines, determined by the County work safety supervision and management departments.

    Superior production safety supervision and management departments can specify the next level of production safety supervision and management departments of the accident unit and its responsibilities to impose administrative penalties.

    Seventh of coal mine accidents and related liability fines administrative sanctions, in accordance with the following provisions:

    (A) for particularly serious accidents of coal mine and its responsibilities to administrative penalties of fines, determined by the State administration of coal mine safety supervision Bureau;

    (B) the major accident and larger accidents of coal mine and its responsibilities to administrative penalties of fines, determined by the provincial coal mine safety supervision organization; (Iii) the General accident of coal mine and its responsibilities to administrative penalties of fines, from the provincial coal mine safety supervision departments Bureau decision.

    Superior under the coal mine safety supervision organization can specify level coal mine safety watchdog unit for the accidents and their responsibilities to implement administrative punishments.

    Eighth major accident following an accident, incident and accident units is located above the county level are not in the same administrative region, by the accident of production safety supervision and management departments or the coal mine safety supervision in accordance with the provisions of the sixth or seventh permission to impose administrative penalties provided for in article.

    Nineth of production safety supervision and management departments and coal mine safety watchdog unit for the accidents and their responsibilities to implement administrative penalties of fines, in accordance with the provisions of the administrative penalties for safety violations committed in program execution.

    Tenth accidents and persons responsible for safe production supervision administration administrative penalty and the coal mine safety supervision agency, shall have, the right to defence; not satisfied with the administrative punishment, entitled to apply for administrative reconsideration or bring an administrative suit.

    11th accident unit in charge of the regulation article 35th of one of the provisions of, and fined in accordance with the following provisions:

    (A) the units in charge of the accident after the accident are not immediately organized rescue, fine at previous annual income of 80%;

    (B) the accident Unit Chief with late or fail to report accidents, fine at previous annual income 40% to 60%;

    (C) the units in charge of the accident during the investigation and handling of accidents absence, fine at previous annual income between 60% and 80%.

    12th accident unit regulations 36th item in one of the 2 million Yuan fine and bungled rescue or accident the impact or accident caused the accident investigation, 3 million yuan in fines and bungled rescue or accident the impact or accident caused the accident investigation, means bad, if the circumstances are serious, the fine of 5 million Yuan.

    Accident occurred units has Ordinance 36th article second to sixth items provides behavior one of of, at 1 million Yuan above 2 million Yuan following of fine; while bungle accident rescue or caused accident expanded or effect accident survey of, at 2 million Yuan above 3 million Yuan following of fine; while bungle accident rescue or caused accident expanded or effect accident survey, means bad, plot serious of, at 3 million Yuan above 5 million Yuan following of fine.

    13th units primarily responsible, are directly responsible for the accident in charge and the other persons among the 36th article of the regulations, fines in accordance with the following provisions:

    (A) forgery, vandalism, the scene of the accident, or transfer of funds, property, concealment, destruction of relevant evidence, information, or refused to accept the investigation, or refused to provide information on the status and or perjury in the investigation of the accident, or instigate others to commit perjury, fine at previous annual income 80% to 90%;
(B) misrepresent, conceal or go into hiding after the accident, fine at previous annual income of 100%. 14th accident caused the death of less than 3, or 3 or more 10 people injured (including acute industrial poisoning), or more than 3 million Yuan to 10 million yuan of direct economic loss of responsibility, fines of between 100,000 yuan and 200,000 yuan.

    Of units specified in the first paragraph of this article of the accident and lie about or hide accidents, fines of 200,000 yuan.

    15th accident unit responsible for the larger accident, and fined in accordance with the following provisions:

    (A) caused the death of 3 persons for more than 6 people or 30 people seriously injured more than 10 people (including acute industrial poisoning), or less than 10 million Yuan and 30 million yuan of direct economic losses, between less than 300,000 yuan and 200,000 yuan in fines;

    (B) more than 6 people below 10 deaths, or 50 people injured more than 30 people (including acute industrial poisoning), or more than 50 million yuan of direct economic losses of 30 million Yuan, fined not more than 300,000 yuan and 500,000 yuan.

    Accident unit for larger accidents is responsible and of misrepresenting or concealing acts, 500,000 yuan fine.

    The 16th accident unit responsible for accidents, fines in accordance with the following provisions:

    (A) caused the death of 10 or more people under 15, below 70 or 50 or more serious injuries (including acute industrial poisoning), or more than 70 million yuan of direct economic loss of 50 million Yuan, fined not more than between 1 million Yuan and 500,000 yuan;

    (B) caused the death of more than 15 people under 30, or 100 people seriously injured more than 70 people (including acute industrial poisoning), or more than 100 million yuan of direct economic losses of 70 million Yuan, between less than 2 million Yuan and 1 million yuan in fines.

    Accident accidents responsible and misrepresenting or concealing acts, a fine of 2 million Yuan.

    17th accident unit responsible for particularly serious accidents, fined not more than 2 million Yuan and more than 5 million Yuan.

    Of units specified in the first paragraph of this article of the accident and misrepresent or conceal the accident, a fine of 5 million Yuan.

    18th the accident unit charge of safety production management of failing to perform their duties, leading to accidents, fines in accordance with the following provisions:

    (A) the General accident, fine at previous annual income of 30%;

    (B) the larger accident, fine at previous annual income of 40%;

    (C) the major accident, fine at previous annual income of 60%;

    (D) in special accident occurred, fine at previous annual income of 80%.

    19th law, administrative regulations on accident of unit and its responsibilities to the penalty ranges different from these provisions, higher fines, but for the same offence shall not be fined.

    20th in violation of the Ordinance and these regulations, accidents and its related persons who have two or more should be subject to a fine, work safety supervision and management departments or the coal mine safety supervision organization shall respectively, discretion, consolidation has made the decision.

    Article 21st of other units responsible for the accidents and its related liability fines administrative sanctions, in accordance with the provisions of the relevant laws, rules and regulations. 22nd article of the regulations come into force on the date of promulgation.

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